[HISTORY: Adopted by the City Council of
the City of Vineland 3-25-1986 by Ord. No. 86-18 (Ch.
31 of the 1990 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
and referred to as the "Emergency Management Ordinance of the City
of Vineland."
A.
It is the intent and purpose of this chapter to establish
an Emergency Management Office that will ensure the complete and efficient
utilization of all of the City's facilities to combat disaster resulting
from major emergencies; natural, man-made or nuclear disasters; or
enemy attack.
B.
The City of Vineland Office of Emergency Management
will be the coordinating agency for all activity in connection with
emergency management. It will be the instrument through which the
Director/Coordinator may exercise the authority and discharge the
responsibilities vested in him in the New Jersey Civilian Defense
and Disaster Control Act of 1942, P.L. 1942, c. 251,[1] as amended and as supplemented by this chapter.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et
seq.
C.
This chapter will not relieve any City department
of the responsibilities or authority given to it by ordinance, nor
will it adversely affect the work of any volunteer agency authorized
for relief in disaster emergencies.
D.
The purpose of this chapter is to provide for the
health, safety and welfare of the people of the City of Vineland and
to aid in the prevention of damage to and the destruction of property
during any emergency as herein defined by prescribing a course of
conduct for the civilian population of this City during such emergency
and by centralizing control of all civilian activities having to do
with such emergency.
[Amended 12-9-1997 by Ord. No. 97-88; 10-10-2006 by Ord. No. 2006-84]
There is hereby established within the Fire
Department the Office of Emergency Management Services, the head of
which shall be the Coordinator of the Office of Emergency Management
Services. The Coordinator of the Office of Emergency Management Services
and related personnel are hereby assigned to the Fire Department.
The following definitions shall apply in the
interpretation of this chapter:
The Coordinator of the City of Vineland Office of Emergency
Management, appointed as prescribed in this chapter.
An unusual incident resulting from natural or unnatural causes
which endangers the health, safety or resources of the residents of
this City and which is or may become too large in scope or unusual
in type to be handled in its entirety by regular City operating services.
Includes "disaster" and "war emergency" as defined in this
section.
The employees, equipment and City facilities of all departments,
boards, institutions and commissions; and, in addition, it shall include
all volunteer personnel, equipment and facilities contributed by or
obtained from volunteer persons or agencies.
Any person duly registered, identified and appointed by the
Coordinator of the Office of Emergency Management and assigned to
participate in the emergency management activity.
Includes any disaster or the immediate imminence thereof
resulting from natural or unnatural causes other than enemy attack
and limited to the extent that action by the Governor under the New
Jersey Civilian Defense and Disaster Control Act[1] is not required.
Includes plans, programs and other emergency procedures deemed
essential to civil defense.
Contributing a service, equipment or facilities to the emergency
management organization without remuneration.
Includes any disaster occurring anywhere within the City
as the result of enemy attack or the imminent danger thereof.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et
seq.
A.
The Mayor shall appoint not more than 15 members to
an Emergency Management Council. Members shall hold office at the
will and pleasure of the Mayor. The Emergency Management Coordinator
shall be a member and shall serve as Chairman of the Emergency Management
Council. The Emergency Management Council shall assist the City in
establishing the various local volunteer support needed to meet the
requirements of all emergency management and disaster-control activities
in accordance with rules and regulations established by the Governor
in pursuance of the provisions of P.L. 1942, c. 251,[1] as amended by this chapter.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et
seq.
B.
Coordinator.
(1)
The Mayor shall appoint an Emergency Management Coordinator
from among the residents of this municipality, who shall be a person
well versed and trained in planning operations involving the activities
of many different agencies which will operate to protect the public
health, safety and welfare in the event of danger from emergencies
as defined in this chapter.
(2)
Term and conditions. The Coordinator of Emergency
Management Services shall, subject to fulfilling the requirements
of this section, serve for a term of three years. As a condition of
his appointment and his right to continue for the full term of his
appointment, said Coordinator of Emergency Management Services shall
have successfully completed at the time of his appointment or within
one year immediately following his appointment or the effective date
of the Civilian Defense and Disaster Control Act (N.J.S.A. App. A:9-33
et seq.), whichever is later, the current approved home study course
and the basic emergency management workshop. The failure of any Coordinator
of Emergency Management Services to fulfill such requirements within
the period prescribed shall disqualify the Coordinator from continuing
in the office of Coordinator, and thereupon a vacancy in said office
shall be deemed to have been created.
[Amended 10-27-2009 by Ord. No. 2009-68]
(3)
Removal of Coordinator of Emergency Management Services.
The Governor may remove any Coordinator of Emergency Management Services
at any time for cause. In such event, the Mayor of the municipality
shall appoint a new Coordinator of Emergency Management Services with
the approval of the Governor. If the Mayor shall not appoint a Coordinator
of Emergency Management Services within 10 days after such office
shall become vacant, the Governor may appoint a Temporary Coordinator
of Emergency Management Services, who shall serve and perform all
of the duties of that office until such time as a new Coordinator
of Emergency Management Services shall be appointed by the Mayor with
the approval of the Governor.
C.
The Coordinator may designate and appoint,
with the approval of the Mayor, up to six Deputy Coordinators, one
of which shall be the First Deputy, and who shall consist of members
of the following departments and first responders whenever possible:
Public Works, Police, Fire, Emergency Medical Services, to assume
the emergency duties of the Coordinator in the event of his/her absence
or inability to act, the intent being that there shall always be at
all times a Coordinator in charge of emergency management operations.
Whenever possible, such deputy shall be appointed from among the salaried
officers or employees of the municipality.
[Amended 12-9-1997 by Ord. No. 97-88; 4-24-2018 by Ord. No. 2018-24]
D.
The Coordinator shall designate and appoint, with
the approval of the Mayor, a Deputy Coordinator to assume the emergency
duties of the Coordinator in the event of his absence or inability
to act, the intent being that there will always and at all times be
a Coordinator in charge of emergency management operations. Whenever
possible, such deputy shall be appointed from among the salaried officers
or employees of the municipality.
A.
The Coordinator of the Office of Emergency Management
shall be responsible to the Mayor in regard to all phases of the emergency
management activity. Under the supervision of the Mayor, he shall
be responsible for the planning, activation, coordination and operation
of the emergency management activity in the City. Under the supervision
of the Mayor, he shall maintain liaison with the county, state and
federal authorities and the authorities of other nearby political
subdivisions so as to ensure the most effective operation of the Emergency
Management Plan. His duties shall include but not be limited to the
following:
(1)
Personnel: coordinating the recruitment of volunteer
personnel and agencies to augment the personnel and facilities of
the City for emergency management purposes. The Coordinator may require
emergency services of any City officer or employee. If regular forces
are determined to be inadequate, the Coordinator may require the services
of such other personnel as he can obtain that are available, including
citizen volunteers. All duly authorized persons rendering emergency
services shall be entitled to the privileges and immunities as are
provided by state law, the Charter and ordinances for regular City
employees and other registered and identified emergency-management
workers.
(2)
Obtaining vital supplies, equipment and other properties
found lacking and needed for the protection of health, life and property
of the people, and binding the City for the fair value thereof.
(3)
Negotiating and concluding agreements with owners
or persons in control of buildings or other property for the use of
such buildings or other property for emergency management purposes.
(4)
Causing to be prepared the Basic Plan herein referred
to as the "City of Vineland Emergency Management Basic Plan."
(5)
Developing and coordinating plans for the immediate
use of all the facilities, equipment, manpower and other resources
of the City of Vineland for the purpose of minimizing or preventing
damage to persons and property and protecting and restoring to usefulness
the governmental services and public utilities necessary for the public
health, safety and welfare.
(6)
Through public information programs, educating the
civilian population as to the actions necessary and required for the
protection of their persons and property in case of emergency, as
defined herein, either impending or present.
(7)
Conducting public practice alerts to ensure the efficient
operation of the emergency management forces and to familiarize residents
with regulations, procedures and operations.
(8)
With the approval of the Mayor, ordering emergency
management forces to the aid of other communities when required only
in accordance with the statutes of the state and requesting the state
or county (or a political subdivision of the state) to send aid to
the City of Vineland in case of disaster when conditions in the City
are beyond the control of the local emergency management organization
and/or resources.
(9)
Assuming such authority and conducting such activity
as the City may direct to promote and execute the Emergency Management
Plan.
B.
The Coordinator shall be Chairman of the Emergency
Management Council.
C.
The Coordinator may exercise the emergency power and
authority necessary to fulfill his general powers and duties, as defined
in this chapter. The judgment of the Coordinator shall be the sole
criterion necessary to invoke emergency powers indicated in this chapter
and other appropriate authorities. Nothing in this chapter shall be
construed as abridging or curtailing the powers or restrictions of
the Mayor or Council, as defined in the Administrative Code of the
City.
D.
During any period when disaster threatens or when
the City has been struck by disaster within the definition of this
chapter, the Mayor may promulgate such regulations as he deems necessary
to protect life and property and preserve critical resources. The
Coordinator shall assist in implementing such regulations.
(1)
Said regulations shall be as follows:
(a)
Regulations prohibiting or restricting the movement
of vehicles in order to facilitate the work of emergency management
forces or to facilitate the mass movement of persons from critical
areas within or without the City.
(b)
Regulations pertaining to the movement of persons
from areas deemed to be hazardous or vulnerable to disaster.
(c)
Such other regulations necessary to preserve
public peace, health and safety.
(2)
Regulations promulgated in accordance with the authority
above will be published in the official newspaper. These regulations
will have the force of ordinance when duly filed with the Clerk, and
violations will be subject to the penalties provided in this chapter.
Wherever, in his opinion, a disaster has occurred
or is imminent in any municipality, the Coordinator of Emergency Management
Services of that municipality shall proclaim a state of local disaster
emergency within the municipality. The Coordinator of Emergency Management
Services, in accordance with regulations promulgated by the State
Civilian Defense Director, shall be empowered to issue and enforce
such orders as may be necessary to implement and carry out disaster-control
operations and to protect the health, safety and resources of the
residents of the municipality.
A.
A comprehensive Emergency Management Basic Plan shall
be maintained by the Coordinator. In the preparation of this plan
as it pertains to City organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and
agencies, including volunteer fire companies and first-aid squads
(said department agencies and companies hereinafter referred to as
"departments"), shall be utilized to the fullest extent to protect
the peace, health and safety of citizens. When approved, it shall
be the duty of all municipal departments to perform the functions
assigned by the plan and to maintain their portions of the plan in
a current state of readiness at all times. The Basic Plan shall be
considered supplementary to this chapter and shall have the effect
of law whenever a disaster, as defined in this chapter, has been proclaimed.
The plan shall be compatible with county and state plans.
B.
The Coordinator shall prescribe in the Basic Plan
those positions within the disaster organization in addition to his
own for which lines of succession are necessary.
C.
Each department head assigned responsibility in the
Basic Plan shall be responsible for carrying out all duties and functions
assigned therein. Duties will include the organization and training
of assigned City employees and volunteers. Each department head shall
formulate an operation plan for his service which, when approved,
shall be an annex to and a part of the Basic Plan.
D.
When a required competency or skill for a disaster
function is not available within the City government, the Coordinator
is authorized to seek assistance from persons outside of government.
The assignment of duties, when of a supervisory nature, shall also
grant authority for the persons assigned to carry out such duties
prior to, during and after the occurrence of a disaster. Such services
from persons outside of government may be accepted by the City on
a volunteer basis. Such citizens shall be enrolled as emergency management
volunteers in cooperation with the heads of departments affected.
It shall be the duty of the members of the governing
body and of each and every officer, agent and employee of every political
subdivision of this municipality and of each member of all other governmental
bodies, agencies and authorities of any nature whatsoever fully to
cooperate with the Governor and the Civilian Defense Director in all
matters affecting any emergency as defined by the Civilian Defense
and Disaster Control Act.[1] The Governor is authorized to make, amend and rescind
orders, rules and regulations as provided in said act, and it shall
be unlawful for this municipality to adopt any rule or regulation
or to enforce any such rule or regulation that may be at variance
with any such order, rule or regulation established by the Governor.
In the event of a dispute on the question of whether or not any such
rule or regulation is at variance with an order, rule or regulation
established by the Governor under said act, the determination of the
Governor shall control.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et
seq.
Pursuant to N.J.S.A. App. A:9-52, neither the
Office of Emergency Management Services nor the City of Vineland,
under any circumstances, nor the agents, officers, employees, servants
or representatives of the City, including all volunteers, in good
faith carrying out, complying with or attempting to comply with any
order, rule or regulation promulgated pursuant to the provisions of
said Civilian Defense and Disaster Control Act[1] or performing any authorized service in connection therewith
shall be liable for any injury or death to persons or damage to property
as the result of any such activity. No person owning, possessing or
managing any real property which has been designated, pursuant to
the provisions of the Civilian Defense and Disaster Control Act[2] or of any order, rule or regulation promulgated thereunder,
as a shelter from destructive operations or attacks by enemies of
the United States shall be liable in any civil action for death or
injury to any person who, because such real property has been designated
as a shelter as aforesaid, enters upon it solely for the purpose of
seeking refuge therein during such destructive operations or attacks
or during civil defense tests ordered by lawful authority, except
where such death or injury is caused by the willful act of such owner,
possessor or manager or his agents or employees. The foregoing shall
not affect the right of any person to receive benefits or compensation
which may be specifically provided by the provisions of the Civilian
Defense and Disaster Control Act[3] or any other state or federal statute, nor shall it affect
the right of any person to recover under the terms of any policy of
insurance.
A.
It shall be unlawful for any person to violate any
of the provisions of this chapter or the regulations or plans issued
pursuant to the authority contained herein or to willfully obstruct,
hinder or delay any member of the emergency management organization
as herein defined in the enforcement of the provisions of this chapter
or any regulation or plan issued thereunder.
[Amended 12-9-1997 by Ord. No. 97-88; 10-10-2006 by Ord. No. 2006-84]
At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. Chapter 56, Fire Department, is hereby amended to incorporate the Office of Emergency Management Services within the Fire Department.
